Weeks or months
Speed
Months or years
Fixed, clear and reasonable
Costs
Complex and can escalate out of control
You can explore settlement options without prejudicing your case.
Risk
You may lose the case and suffer reputational and financial harm
Yes, completely
Confidential
No, open to the public
Simple; no need to prepare a case
Preparation
Lengthy; need to prepare a case
Assert a compelling case
Evidence
Prove a legal case
Agree the case
Tone
Argue the case
Reach agreement
Seeks to
Apportion blame
Informal and transparent
Proceedings
Formal and not transparent
Voluntary
Participation
May be imposed
Positive and forward looking
Outlook
Negative and backward looking
Can be preserved
Relationships
Likely to be ruined
Protected
Reputation
At risk
Long-term
Benefits
Possibly none
Wide and lasting
Learning
Limited, if at all
Creative and flexible
Options to resolve
Limited and inflexible
>70% chance of agreement
Outcome
Who knows?
Agreed on the day
Decision
May not know for weeks or even months after the hearing has finished
Limited to your own costs
Liability
You may have to pay court fees and the other party’s costs
Yes
Finite
No, losing party can appeal